The Gang of 8’s Immigration Reform Bill

By
Milla & Associates, LLC
|April 17, 2013

Late last night, the Gang of 8 filed its comprehensive immigration reform
bill: the Border Security, Economic Opportunity, and Immigration Modernization
Act of 2013. Try saying that 3 times quickly. If the name wasn't difficult
enough, try reading
the bill - 844 pages! By halfway through the 17-page outline – yes, just
the outline – of the bill, I was spent. While the bipartisan
Gang of 8 should be commended for coming together and crafting this bill, some of
its provisions require mathematical calculations that remind attorneys
why most of us pursued undergraduate degrees that were devoid of math.

The senators will hold a press conference later today to announce the reform
bill, and only time will tell if it will be enacted. Depending on who
you talk to, that could be a very big
if. Although the bill’s future remains largely uncertain, one thing
is known. If legislators pass the law, they will have successfully added
yet another cumbersome immigration acronym to join the likes of IIRIRA
(also IIRAIRA), AEDPA, and IMMACT90, as the Border Security, Economic
Opportunity, and Immigration Modernization Act looks poised to become…
BSEOIMA. (Pronounced bee – see – oi – mah?)

After President Obama met with Senators Chuck Schumer (D-NY) and John McCain
(R-AZ), two members of the Gang of 8, to discuss the reform legislation, in a
statement released Tuesday afternoon the President acknowledged that the bill is
"clearly a compromise, and no one will get everything they wanted,
including me." While the bill fell short of meeting his approval
on all issues, the President characterized the bill as "largely consistent
with the principles that I have repeatedly laid out for comprehensive
reform." The President stated he would put his support behind the
bill and that he is "willing to do whatever it takes to make sure
that comprehensive immigration reform becomes a reality as soon as possible."

As expected, the initial reports have reflected reactions from across the
spectrum. From conservatives, who
view the bill as granting amnesty to the estimated 11 million undocumented immigrants
in the U.S., there are promises to fight the bill and engage in
delay tactics designed to eventually kill the legislation, as had happened to 2007 immigration
reform efforts. On the opposite end of the spectrum are reform proponents
who believe the bill is
too restrictive and burdensome. And there are those somewhere in the middle, who, like the President,
appear to have accepted that the process must be one of compromise if
it is to have any chance of becoming law.

So, how will it become law? I would be remiss if I didn't provide this
educational gem from my childhood, courtesy of Schoolhouse Rock!:

While Senators Schumer and McCain confidently
set a deadline of June for passing the reform bill, as you just learned in that instructive
video above, several more hoops must be jumped through before the little
guy moves from just a bill to actual law. The Gang of 8, however, has
declared that it will remain unified, and plans to oppose any efforts
to dismantle or defeat the bill. Senate Judiciary Committee hearings on
the legislation will begin this Friday and will continue into next week.
In the weeks that follow, other senate committees will hold hearings.
Senator Schumer said they expect to have the bill on the Senate floor
by late May or early June for a vote, and then the bill will proceed to
the House. Given the nature of the legislative process, those hearings
and debates could lead to changes to the bill before a vote. As Senator McCain
acknowledged, "This is the beginning of a process, not the end."

Listed below are some key provisions.

Security

The bill allocates up to $6.5 billion in border security measures including
surveillance, additional agents, and fencing along the border with Mexico.

Within 5 years, all employers will be required to use the E-Verify system.

The border security efforts hold the keys to triggering mechanisms that
will open the pathway to statuses ultimately leading to citizenship. Under
the bill, that pathway will not open until the U.S. government meets certain
standards set for 1) border security, which will be determined through
a certain mathematical formula; 2) employer verification; and 3) the “entry-exit”
system to track visa holders.

Legalization and Legal Immigration

Registered Provisional Immigrant Status

Individuals without status will have one year, with the possibility of
an extension, to apply for a probationary status called "Registered
Provisional Immigrant" (RPI), but only for those who were in the
U.S. before December 31, 2011; maintain continuous physical presence;
pay a $500 penalty; and do not have a certain criminal record, such as
an aggravated felony, a felony, or 3 or more misdemeanors. RPI status
is granted for 6 years and is renewable. Spouses and children of RPIs
can receive RPI status if in the U.S. Individuals with RPI status are
allowed to work in the U.S. and travel outside of the country. Those in
removal (deportation) proceedings or with removal orders entered against
them may be eligible to apply for RPI status.

Individuals outside of the U.S. who were previously removed (deported)
from the U.S. for non-criminal reasons may apply and return to the U.S.
under RPI status if they meet certain eligibility requirements including
having a U.S. citizen or lawful permanent resident (green card) spouse
or child, or they themselves are eligible for the DREAM Act.

After 10 years in RPI status, individuals may adjust to lawful permanent
resident status under a new Merit Based System* if the applicant pays
a $1,000 penalty, maintains continuous physical presence, has paid taxes
as an RPI, has worked regularly in the U.S., and knows English and U.S.
civics. All individuals currently stuck in the family and employment backlog
for green cards will first have to be current before RPIs may adjust.

*A new system in which points are awarded based on education, employment,
length of residence in the U.S., and other factors.

DREAMers and Agricultural Program

DREAMers and those who qualify for the Agricultural Program will be eligible
for permanent resident status in five years, and for DREAMers, they will
be eligible for citizenship upon receiving their green cards.

Family-Based Immigration

The bill will eliminate the 4th preference family-based category (siblings of U.S. citizens) after 18
months from the date of enactment.

The family-based preference categories will be reduced from 4 to 2, consisting
of unmarried adult children, married adult children who file before age
31, and unmarried adult children of lawful permanent residents.

"Immediate relative" will expand to include a child or spouse
of a lawful permanent resident.

Foreign entrepreneurs can seek a new startup visa for creating their own
companies in the U.S.

The cap on H-1B visas will increase from 65,000 to 110,000, with the cap
eventually reaching a ceiling of no higher than 180,000 depending on a
mathematical formula.

The bill creates the W visa, a new nonimmigrant category for lower-skilled
workers. Another methodology will be used to calculate the numbers available
annually, starting April 1, 2015.

There are, of course, numerous other terms, provisions, and definitions,
all of which I could not possibly cover here. That’s why there’s
an 844-page document waiting for any interested readers. As the legislative
process moves forward and hearings and debates commence, more will come
to light. For more details now, however, click
here. Happy reading.

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